T O S
NightOwl Terms Of Service
1.) Introduction: Please read this agreement carefully –
these are our policies if you desire to have an account on our service or
use any part of this service. Usage of the NightOwl service
indicates complete acceptance to all of these terms.
This agreement is hereby made between NightOwl Internet Gateway, of House
Springs, Missouri and the account holder (you). By using the service you
agree to all the terms stated herein. You agree that any breach of this
agreement, by you, your officers of employees, shall constitute grounds
for immediate termination, without notice.
2.) Subscription Requirements : Members must be at least 18 years of
age.
3.) Payment Obligations of a Member: (a)Members must provide
NightOwl Internet Gateway with accurate and complete billing information
including legal name, address, telephone number and credit card/billing
information, and report to NightOwl Internet Gateway all changes to this
information within ten (10) days of the change. Members are responsible for
any charges to their account.
(b)All charges are considered valid unless disputed in writing within thirty
(30) days of the billing date. Adjustments will not be made for charges that
are more than 30 days old.
(c)Charges are billed to Members’ credit cards or debit cards, as applicable,
each month for the basic service and any additional usage or services.
NightOwl Internet Gateway is not responsible for any charges or expensed
(e.g. for overdrawn accounts, exceeding credit card limits, etc.) resulting
from charges billed by NightOwl Internet Gateway.
(d)Cash and checks are accepted only when choosing the prepayment option.
All pre-paid plans are non-refundable.
4.)Member’s Account, Password and Security: Upon
registration, Members receive a user name, password and account designation.
You and members of your household or business, are the only authorized users
of your NightOwl Internet Gateway account and must comply with this
Agreement. NightOwl Internet Gateway is not responsible for your
personal files on your computer, network or residing online on NightOwl
Internet Gateway owned and/or controlled computers. You shall be responsible
for independent backup of your data on your computer, network or stored
online. You shall be responsible for all access to and use of NightOwl
Internet Gateway services by your personnel or by means of your equipment,
whether or not you have knowledge of or authorize such access or use.
It is the Members’ responsibility to ensure that their computer or network
is configured in a secure manner. You must keep your password confidential.
You must notify NightOwl Internet Gateway immediately upon discovering any
unauthorized use of your account.
Using a personal account for high volume or commercial use(e.g.,
revenue generation, advertising, web server, etc) is prohibited.
5.)Allowable Use: NightOwl Internet Gateway Services may only be used for
lawful purposes.
Some examples of Violations of NightOwl Internet Gateway Acceptable Use
Policy are as follows but not limited to a.)Illegal Use—using the services
to transmit any material (by e-mail, uploading, posting, or otherwise) that
intentionally or unintentionally violates any applicable local, state,
national or international law, or any rules or regulations promulgated
thereunder.
b.)Harm To Minors—Using the Services to harm, or attempt to harm minors in
any way.
c.)Threats—Using the Services to transmit any material (by e-mail,
uploading, posting, or otherwise) that threatens or encourages bodily
harm or destruction of property.
d.)Harassment— Using the Services to transmit any material (by e-mail,
uploading, posting, or otherwise) that harasses another.
e.)Fraudulent activity—using the Service to make fraudulent offers to sell
or buy products, items, or services or to advance any type of financial scam
such as "pyramid schemes," "ponzi schemes," and chain
letters.
f.)Forgery or impersonation—Adding, removing or modifying identifying
network header information in an effort to deceive or mislead is prohibited.
Attempting to impersonate any person by using forged headers of other
identifying information is prohibited.
g.)unsolicited commercial e-mail/Unsolicited bulk e-mail—Using the Services
to transmit any unsolicited commercial email or unsolicited bulk email is
prohibited.
h.)Unauthorized access—Using the Services to access, or to attempt to
access, the accounts of others, or to penetrate, or attempt to penetrate
security measures of NightOwl Internet Gateway or another entity’s computer
software or hardware, electronics communications system, or
telecommunications system, whether or not the intrusion results in the
corruption or loss of data.
i.)Copyright or trademark infringement—Using the Services to transmit any
material (by e-mail, uploading, posting, or otherwise) that infringes any
copyright, trademark, patent, trade secret, or other proprietary rights of
any third party, including but not limited to, the unauthorized copying of
copyrighted material, the digitization and distribution of photographs from
magazines, books, or other copyrighted sources and the unauthorized
transmittal of copyrighted software or other such materials.
j.)Collection of personal data—Using the Services to collect, or attempt to
collect personal information about third parties without their knowledge or
consent.
k.)Reselling of services—Reselling of services without NightOwl Internet
Gateway written authorization is prohibited.
l.)Network disruptions and unfriendly activity—Using the Service for any
activity, which adversely affects the ability of other, people
or systems to use NightOwl Internet Gateway services or the internet. This
includes "denial of service" (doS) attacks against another,
disruption of other network users, network services or network equipment is
prohibited. It is the Member’s responsibility to ensure that their network
is configured in a secure manner, A Member, may not, through action or
inaction, allow others to use their network for illegal or inappropriate
actions,. A Member may not permit their network, through action or inaction,
to be configured in such a way that gives a third party the capability to
use their network.
m.) NightOwl Internet Gateway reserves the right to monitor any and/or all
content and to remove any objectionable material at any time, at our sole
discretion.
6.)Disclaimer of Warranties and Limitation of Liability: NightOwl Internet
Gateway does not control any materials, information, products or services on
the internet. The internet contains unedited materials, some of which may be
offensive to you. NightOwl Internet Gateway has no control over and accepts
no responsibility for such materials. You assume full responsibility and
risk for the use of the services and the internet and are solely
responsible for evaluating the accuracy, completeness and usefulness of all
services, products and other information and the quality and
merchantability of all merchandise provided through the service or the
internet. NightOwl Internet Gateway has no control over third parties’ use
of any personal information you provide when
using the internet.
The services are provided on an "as is" and "as
available" basis. No minimum level of speed is guaranteed.
NightOwl Internet Gateway is a "best efforts" service, the actual
speed experienced by customers may vary and depends on several factors
including, but not limited to customer location, destination on the
internet, traffic on the internet, interference with frequency spectrum,
etc. NightOwl Internet Gateway makes no express warranties and waives all
implied warranties including, but not limited to, warranties of title,
non-infringement, merchantability and any merchandise, information or
service provided through NightOwl Internet Gateway or the internet
generally. No advice or information given by NightOwl Internet Gateway or
its representatives shall create a warranty. Under no circumstances,
including negligence, will NightOwl Internet Gateway, or its affiliates be
liable for any direct, indirect, incidental, special or consequential
damages that result from the use of/or inability to use the NightOwl
Internet Gateway service, including but not limited to reliance on any
information obtained on the NightOwl Internet Gateway service; or that
result from mistakes, omissions, interruptions, deletion of files or
e-mail, loss of or damage to data, errors, defects, viruses, delays in
operation, or transmission, or any failure of performance, whether or not
limited to acts of God, communications failure, theft, destruction or
unauthorized access to NightOwl Internet Gateway records, programs or
services. You hereby acknowledge that this provision will apply whether or
not NightOwl Internet Gateway is given notice of the possibility of such
damages and that this provision will apply to all content, merchandise or
services available from NightOwl Internet Gateway or its affiliates. The
terms of this Section will survive any termination of this agreement.
NightOwl Internet Gateway does not give technical support or information
regarding your PC. Questions involving PC hardware or software issues should
be directed to the appropriate vendor, manufacturer or software
licenser.
I understand that while the contractor will use reasonable care in
performing work, neither NightOwl Internet Gateway, the contractor, nor its
subcontractors shall have any liability or obligation to you or any other
party, for actual, punitive, consequential, special, or indirect damage of
any kind, including but not limited to, damage of property or properties
resulting from installation of equipment, claims or damages for loss of
profits, loss of data, loss of use or interruption of your computer system
or any software therein, or for the reconstruction or recovery of any lost
data or software of any kind incurred by you or any other party directly or
indirectly whether or not caused by the negligence of NightOwl Internet
Gateway or its authorized contractors.
NightOwl Internet Gateway, at its sole discretion, may terminate this
agreement immediately or suspend your access to the service upon any breach
of the agreement by you. In the event of such said termination, the balance
of your contract will be due immediately.
This instrument constitutes the entire agreement between
NightOwl Internet Gateway and you. This agreement may be amended at anytime
without notice. You are encouraged to return to NightOwl Internet Gateways
website @ www.nightowl.net to review the terms.
I understand it is my sole responsibility to make sure
that my computer system has been completely backed up prior to the
commencement of the work if I desire to do so.
I understand that I am solely responsible for obtaining any and all
necessary permits for the installation of related materials.
I have read, understand, and agree to the above terms and conditions and if
necessary grant permission to NightOwl Internet Gateway and/or its
authorized contractor to enter upon my premises and to perform the
installation. I warrant that I have the authority to grant such permission
and that such authority includes authority from all necessary parties to
permit access and attachment and installation of all cabling, wiring, and
related materials.
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Customer Authorized
Signature
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Name
Date
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